THE REPUBLIC vs. DOMINIC OBIRI YEBOAH @ KENNEDY & 2 ORS [2015]DLHC3560

Date	2015-06-02
Suit No.	CASE NO.CC/3/15
Citation No.	[2015]DLHC3560

HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT

MR. KWAKU BOAKYE BOATENG FOR THE ACCUSED

<p class="mb-5" id="contentDlCitation"  hidden>[2015]DLHC3560</p>
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size: 18px !important;"><p class="MsoNoSpacing" align="center" style="text-align:center;line-height:115%"><b><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;color:#00B0F0">THE REPUBLIC<o:p></o:p></span></b></p><p class="MsoNoSpacing" align="center" style="text-align:center;line-height:115%"><b><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;color:#00B0F0">vs.<o:p></o:p></span></b></p><p class="MsoNoSpacing" align="center" style="text-align:center;line-height:115%"><b><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;color:#00B0F0">DOMINIC OBIRI YEBOAH @
KENNEDY &amp; 2 ORS<o:p></o:p></span></b></p><p class="MsoNormal" align="center" style="text-align:center"><span style="font-size: 10pt; line-height: 115%; font-family: &quot;Book Antiqua&quot;, serif;">&nbsp;[HIGH COURT (COMMERCIAL
DIVISION), KUMASI]</span><b><span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-bidi-font-family:Tahoma"><o:p></o:p></span></b></p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

</div><p class="MsoNoSpacing" style="line-height:115%"><b><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;">COUNSEL:&nbsp;&nbsp; <o:p></o:p></span></b></p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div><p class="MsoNoSpacing" style="line-height:115%"><b><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;">CORAM:<o:p></o:p></span></b></p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNoSpacing" style="line-height:115%;border:none;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0in;mso-padding-alt:0in 0in 1.0pt 0in"><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;">HER
LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT</span><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:Calibri"><o:p></o:p></span></p>

</div><p class="MsoNoSpacing" style="line-height:115%"><span style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;"><o:p>&nbsp;</o:p></span></p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div><p class="MsoNormal" style="text-align:justify"><span style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;">The accused person herein
and two others (now at large) have been charged on one count of Robbery
contrary to section 149 of the Criminal and Other Offences Act, 1960, Act 29.
He pleaded not guilty, thus, necessitating the instant trial.<o:p></o:p></span></p><p class="MsoNormal" style="text-align:justify"><span style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;">What has led to this case?
Dominic Obiri Yeboah alias Kennedy who had previously engaged the services of
the Complainant (taxi driver) exchanged phone numbers with him for future
business transactions. Thus, on 13/09/2014 at about 10pm, the accused is said
to have requested the complainant's services to drive him and two others from
Kronum Otumfour to Akom.&nbsp; The accused
directed the complainant to make a left turn towards the Akom township. On the
way, one of the accused persons (now at large) drew a knife and ordered the complainant
to stop. He obliged and stopped.&nbsp; The
accused person and his accomplices pulled the complainant from his taxi cab,
collected the ignition key, his mobile phone and sped off.&nbsp; The complainant reported the incident to the
police at the axle weight office and they in turn relayed the information to
the Police patrol Team at Offinso. The patrol team eventually intercepted the
taxi cab in question at Abofour camp on the Offinso/Techiman Highway and managed
to arrest the accused but his accomplices escaped. &nbsp;Four mobile phones including that of the
complainant were found on the accused person.&nbsp;
In his caution statement, the accused is said to have admitted having
planned with his two accomplices to rob the complainant of his taxi cab with
registration number AW 5755 - 14. <o:p></o:p></span></p><p class="MsoNormal" style="text-align:justify"><span style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;">The ingredients of the
offence of robbery can be found in section 150 of Act 29 thus:<o:p></o:p></span></p><p class="MsoNormal" style="text-align:justify"><span style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;">Section 150:<o:p></o:p></span></p><p class="MsoNormal" style="text-align:justify"><span style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; " A person who steals&nbsp; a things is guilty of robbery if and for the &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; purpose of stealing he uses force or
causes harm to any other &nbsp;&nbsp; person, or if
he uses a threat or criminal assault or harm &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; to
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; any other person, with intent to
prevent or overcome the &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; resistance
of the other person to the stealing of the thing".<o:p></o:p></span></p><p class="MsoNormal" style="text-align:justify"><span style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;">To secure a conviction,
the prosecution is enjoined by sections 11(2) and 13(1) of the Evidence Act,
1975 N.R.C.D. 323 to prove the guilt of the accused person beyond reasonable
doubt.&nbsp; <o:p></o:p></span></p><p class="MsoNormal" style="text-align:justify"><span style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;">In discharging this
onerous burden, the prosecution called five witnesses.&nbsp; The first to testify was the driver of the
taxi cab in issue who gave his name as Opoku Mensah.&nbsp; PW1 testified that on 10/09/2014, which was a
Wednesday,&nbsp; A1 engaged his services to
drive him to his house at Kronum Aboahia, Kumasi. In the course of the trip,
PW1 said A1 told him that he works at Tarkwa mines and they exchanged phone
numbers so that A1 could call for his services as needed.&nbsp; PW1 continued that &nbsp;in the morning of 13/09/14,&nbsp; A1 phoned him and said he was at Obuase and
that on his arrival, he will need his services, i.e. to drive him to his house
in the taxi.&nbsp; On that day, PW1 said A1
called him four times till 9pm &nbsp;and
directed him to the place where he had sent him on 10/09/14. Continuing, PW1
said when he got to the Angel Cream Factory at about 9:30pm to 10:00pm, he met
A1 in the company of two others and he was surprised.&nbsp; A1 sat on the front passenger seat whilst the
others sat on the back seat and A1 requested him to send them to Akom to visit
his sick&nbsp; grandparent . &nbsp;At about a few metres to Akom, A1 instructed
PW1 to branch left which he did.&nbsp; PW1
testified further that A1 instructed him to stop by a house which had
lights&nbsp; and after he had obliged him, A1
ordered him to come out of the taxi cab. At that point, one of the men who sat on
the back seat held PW1's neck&nbsp; and said
he would slap him if he did not give him the keys.&nbsp; A1 came to search PW1 and took his mobile
phone and money. &nbsp;The said mobile phone
which was later retrieved from A1 was admitted in evidence as exhibit A. &nbsp;PW1 indicated that the one who held his neck
demanded for the car key but he told him the key was in the car. That person
pushed PW1 into a nearby bush and the three men sped off &nbsp;with the car.&nbsp;
As he watched&nbsp; his attackers move
away with their booty, PW1 said he realized from the indicator light that the
accused persons were going in the direction of Offinso.&nbsp; Thus, he immediately rushed to the main road
and met some men who directed him to a nearby Customs office where he met a
female officer. The Female Customs Officer&nbsp;
re-directed him to the Axle Weight office where he reported the incident
to the police at post. PW1 continued that the Police took the particulars
of&nbsp; the car and he was asked to wait.
About &nbsp;1<sup>1/2</sup> to &nbsp;2 hours later, the police told him the car had
been found at Akom near Abofour forest.&nbsp;
The Police escorted PW1 to the location&nbsp;
where PW1 identified the car&nbsp; and
A1 but&nbsp; two tires had&nbsp; been deflated. With the help of the police,
the car was towed from the bush, the tires were changed and he drove the taxi
to the Offinso police Station. A photograph of the taxi cab was admitted in
evidence as exhibit B. Counsel for A1 subjected PW1 to a long and winding
cross-examination. Counsel sought to establish that since &nbsp;the usual closing time for PW1 is between 7pm
and 8pm, he could not have picked up A1 and others at a later time. In response
to these line of questioning, PW1 told the court tha</main>